19150406 Regular City Council Meeting - Minutes
REGULAR MEETING.
A regular meeting of the Board of Trustees of the city of
Vernon" Ooup.,ty of Los Angeles;> and State .of California, was held
on the 6th day of April , 1915, at 2 0 I clock P. M. of
said day at the regular meeting place of said Board in said city
of Vernon, whioh said time and plaoe is the time and place fixed by
prdinanoe for regular meetings of the said Board to be held.
There were present at such meeting Trustees, Durbin Stevens t
Kniffen, Leonie and Furlong. Also City Attorney Williams:
There were absent from such meeting Trustee, None.
President Trustee
Furlong
presiding.
The minutes of the meeting , held on March 2nd, March 5th,
:March 9th and March 16th, 1915 , were: read and approved.
Resolution No. 140 regarding applications for the transfer of
wholesale and retail liquor lincenses was read and adopted.
Said resolution was introduced and read at the meeting of
the Board of Trustees held March 2nd, 1915 and has been laid over
from meeting to meeting until its adoption on this date.
Resolution No. 140 is set out in full in the record of the
minutes of the Board at the meeting held March 2nd, 1915 to which
reference is hereby made for a full, true and correct copy of said
resolution No. 140.
The County Auditor of Los Angeles County requested certain
information from the Board of Trustees for the State Year Book.
Said request was referred to the City Clerk.
The application of George R. Curtis for a permit to operate an
asphalt plant in the City of Vernon was taken under advisement.
The Piney Boyle Manufacturing Company requested the Board to
appoint two men from said company special offioers without p~.
Said request was granted by the Board of Trustees.
A communication from the L. A. Founders Co., in regard to 25th
Street was referred to the City Engineer.
The City Attorney reported that he had been handed the following V,
letter from the Southern Pacific Company by the City Clerk. ~', ~
Said letter is in words and figures as follows, to-wit:
"SOUTHERN PACIFIC COMP~~
Los Angeles, Mar. 20th, 1915.
City of Vernon,
Vernon, California.
Gentlemen:-
10
4/6/15
In the matter of the proposed improvement of Alameda Street
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adjacent to the right of way of the Southern Pacific Railroad Com-
pany's San Pedro branch, extending from the North city boundary line
of Vernon to Thirty-eighth Street, and the contention on the part
of the City of Vernon that the Railroad Company's fence is encroaching
upon the street and is not located upon the right of way line and
is interfering with the work of the proposed ~provement of this
Street, and that it will be necessary to remove the Railroad Company's
fence in order to allow the contractor to proceed with the work of
improving said Street as contemplated by agreement Which the City of
Vernon has entered into with the Los Angeles Paving Company.
The Southern Pacific ~ompany contends and maintains, which the
City of Vernon disputes, that the fence is located on the right of
way line of the Southern Pacific Railroad, which right of way to a
width of thirty feet (30') has been acquired by judicial proceedings,
and the Railroad Company maintains, which the City disputes, that
they have an unconditional and good and perfect title to same, and
in addition thereto has enjoyed an undisputed peaceful and quiet
possession of same for more than forty-five (45) years, and main-
tain that their fences have been in this position for a great number
of years, but in order solely to allow the City of Vernon to carry
out the contract that it has let to the Los Angeles Paving Company,
for this purpose, and for this purpose only, will permit the City of
Vernon to remove the Railroad Company's right of way fence, with
the express understanding, however, that the said fence shall be
replaced in its present position and practically in as good condi-
tion as it is now in; that the work of replacing this fence shall
be done by the City of Vernon at its sole cost and expense to the
satisfaction of the representatives of the Southern Pacific Company,
and its Lessor, the Southern Pacific Railroad Company; that if on
demand the City of Vernon should fail within ten (10) days to replace
the said fence, then, in that event, the Southern Pacific Company
shall have the right and privilege of replacing said fence, and on
demand the City of Vernon shall fully reimburse it for whatever
expense or cost it has been put to in connection with the reconstruc-
tion and replacing of said fence.
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It is further understood, appreciated and conceded that by
reason of the removal of said fence a hazard of accident is created
and the City of Vernon hereby agrees to assume all risk or loss,
damage or destruction to property, or injury to persons making use
of the Railroad Company's property, and the City of Vernon hereby
agrees to indemnify and save harmless the Southern Pacific Company
and its Lessor, the Southern Pacific Railroad Company, from and
a.gainst any and all liability, cause of action, claims or demands
which any person may hereafter assert, have, claim or claim to have,
arising out of or by reason of any such loss, damage or injury to per-
sons, including any claim, cCause of action or demand which any insurer
of property or of any person injured may at any time assert, or
undertake to assert, against the Southern Pacific Company, or its
Lessor, the Southern Paoific Railroa.d Company.
Moreover, the City of Vernon ~~pressly agrees that it will
not open the said street to traffic or to public use until the said
fence is replaced upon the right of way line of the Southern Pacific
Railroad Company, and it is further understood and agreed with the
City of Vernon that no right or privilege herein granted by the
Southern Pacific Company, shall be construed in any manner whatsoever
so as to prejudice the right:, ti tle or interest of the Southern
Pacific Company, or its Lessor. the Southern Pacifio Railroad Com-
pany, in and to the thirty-foot (30') right of way as delineated
by the fences now existing and located thereon, or to the City of
Vernon's claims thereto.
If the above in its entirity is agreeable to the City of Vernon,
you will please have the same accepted by its duly authorized repre-
sentatives on behalf of the City of Vernon, and for that purpose this
letter is written in duplicate and will serve to take the place of
a more formal agreement.
Yours truly,
(Signed)
SOUTHERN PACIFIC CO.
BY' H. V. Platt.
Asst. General l1anager.
Approved as to form
(Signed) W. I. Gilbert.
Atty. So. Pac. Co.n
4/6/15
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Thereupon the City Attorney reported that he had written the
following letter in reply to that of the Southern Pacific Company.
Said letter being in words and figures as follows, to-wit:
"March 23rd, 1915
Southern Pacific Company,
Pacific-Electric Building,
Los Angeles, California.
Gentlemen:-
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Your letter dated March 20th, 1915 addressed to the City of Vernon,
Vernon, California, in reference to the improvement now being construc-
ted along the Eastern portion of Alameda Street, East of your railway
line in Al~neda Street from the North city limits of Vernon to the
South side of 38th Street, has been handed to me from your office.
Your said letter and this reply will be entered in full on the
minutes of the City of Vernon at its first meeting hereafter which
will probably be the first Tuesday in April, 1915.
I assume that your said letter was written as the result of a
conference between Mr. Gilbert, one of your attorneys, your Mr. Edwards
and your 1~. Archibald and Mr. McCurdy and myself, respectively the
engineer and city attorney of Vernon which conference was held in my
office Saturday, March 20th. 19l5.
Your said letter is in more detail and attempts to bind both
yourself and the City of Vernoh a little more strictly than I under-
stood to be the result of the conference which neither the city en-
gineer of the City of Vernon nor myself had authority to bind the City
of Vernon.
My understanding is that:
1. The City of Vernon has never at any time and does not now
recognize any right of way in your railway company except such as you
aotually have--if indeed you have any--but,
2. If you have any right of way rights, then the city engineer
and myself would attempt to agree with you that if by reason of any-
thing which the officers of the City of Vernon might do in and about
the improvement of what the City Engineer of Vernon calls that portion
of Alameda Street East of your right of way, that it should not be
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binding upon you; but that at any future time there would be a right
reserved to your company to contest said City Engineer's claim of the
correct line whether it be where he pulled down the fence or other-
wise; and.
3. That the City of Vernon would cause to be closed Alameda
Street to all traffic whatever and maintain or cause to be maintained
by the contractor a proper barrier for the purpose of preventing per-
sons and animals from coming on that part of Alameda street as was
being improved; and,
4. That before the improvement was completed that the City
Engineer and your Engineer would attempt to define the East line
of your right of way, if indeed you have any, and the West line of the
East 30 feet of Alameda street.
It strikes me that it ought to be an easy fact for your engineer
and the city's engineer to get together on the line and if the line
cannot be by them ascertained, then I am sure the city will gladly join
your company in a friendly litigation to define this line; and,
5. That all matters between your company and the city be in
abeyance while this improvement of Alameda Street is in progress,
except the determination of and establishing the East line of your
right of way--if indeed you have any--which would be the West line of
the East side of Alameda street.
6. You understand that the property owners abutting Alameda
street have contributed several hundred dollars for the completion of
this improvement before next fe.ll and the city realizes that your com-
pany desires this improvement for the benefit of your patrons as much
as it does for the benefit of its business men and for this reason the
engineer and myself now join in saying that we will aid you in every
way we can to as rapidly as possible establish the true line.
Very truly yours,
(Signed) Gesner Williams
City Attorney of Vernon, Cal."
The City Clerk reported that he had received a letter from
W. E. Hinshaw enclosing a copy of Senate Bill No. l2l3 which provides
for a consolidated city and county government.
that it was against such consolidation.
The Board indicated
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4/6/15
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The application of F. W. Smith for a permit to dump rubbish was
referred to Trustees Durbin and stevens.
The City Clerk reported that he had .received the following report
from the City Auditor.
"J. B. WElL, PUBLIC ACCOmrTMTT
AUDITOR.
City Auditor,
Vernon, Cal.
March 15, 1915.
Gentlemen:
In re "SINKING FUND" I beg to make the following additional
report:
The City now has outstanding 380 Bonds of $500.00 each,
making a total of t180,000.00 and the coupons due on same July
1st, 1915, will be
5 Bonds Maturing to be paid July 1st
Total due July 1st
According to my report of February, the City has on
hand at the Merchants J:lational Bank, S. Fund
Due from Bond Fund
Second installment of taxes due (Estimated)
Total
$4,500.00
2~500.00
7,000.00
11,827.07
8,000.00
5.000.00
2;,827.07
Bonds due January 1st, 1916 will be $2,500.00
Coupons .. .. .. .. .. If 4,437.50
Bonds due July lst, 1916 will be 2,'500.00
Coupons .. .. n " " " 4.375.00
Total for the year 1915 13,875.50
According those figures we have on hand and due us, sufficient
funds to take care of the bonds and coupons maturing until January
1st, 1917.
In as much as we have to create a .SINKING FUND," I would suggest
that we withdraw all of our funds from the General Fund in the Mer-
chants National Bank and place to the credit of the "SIltKING FUND" the
sum of $7,000.00. This will meet the bonded liability until January,
1916.
The taxes to be collected for the year 1915-15 will take care
of the $13,875.50 needed in 1915.
4/6/15
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I would suggest that we have only one General Fund, from which
to pay for all improvements as well as the current expenses of the
City whioh would give us a General Fund as follows:
Balance in Merohants National Bank aft_r deducting $7000.00
for"8inking Fund"
$4,827.07
Due from Bond Fund 8,000.00
Balance of Bond Fund from February report 39,775.02
Balance in First National Bank 1,525.42
In hands of City Marshal 799.00
Total 54,926.51
To which is to be added 2d installment
of taxes due
6.000.00
60,926.51
Respectfully submitted,
(Signed) J. B. Weil,
City Auditor."
Ordinance No. 155 entitled an ordinance granting to the Atchison,
lopeka and Santa Fe Railway Company, the right to oonstruct, operate
and maintain a spur track across the North Half of 52nd Street was
read for the second time and adopted.
Thereupon the meeting adjourned to meet again on Saturday the
lOth day of April, 1915 at 2 o'Clock p. M. at the regular meeting
plaoe of the Board.
~~y<; of Vernon,
Cal
Approved this
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day of April,
ees
4/6/15
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